Tuesday’s Emily City Council meeting raised more than a few eyebrows when a claim brought forth by resident Donna Sutton suggested that council member Jan Mosman actually made her permanent home in Eden Prairie, not Emily.
At the meeting, Sutton’s attorney, Mark Severson, presented information that suggested Mosman was a resident of Eden Prairie, not Emily. Sutton claimed Mosman should voluntarily resign from the council. Severson asked that Mosman be given time to respond and time before council takes action.
Mosman commented briefly following Tuesday’s meeting, saying she was “covered and legit” with her records. In an email Wednesday she provided further explanation of her position.
“Regarding the petition: I don’t need to pay an attorney to address the claims made by a few well-meaning residents, so will go to the newspapers directly. One homestead property is enough for a (very) happily married couple filing jointly. The fact that we haven’t sold our Eden Prairie 1880 farmhouse and two acres in a terrible market should surprise no one. And the fact that I moved to Emily, Minn., and spend more time there than anywhere else in the world doesn’t tell intrigued residents of the many other places I travel, why, and when, or what else is going on in my life,” Mosman wrote. “I have some important reasons for heading to the cities often, but those are personal. I am not the EPHS (Eden Prairie Historical Society) VP anymore, though I was asked last year to stay on the board until the end of my term.”
The issue will be further evaluated during the April 10 Emily City Council meeting, where council members, including Mosman, plan to address the public and give their response to Sutton’s request.
JESSI PIERCE may be reached at 855-5859 or jessi.pierce@brainerddispatch.com.
Comments (27)
Add commentHave you been to Emily?! Why
Have you been to Emily?! Why wouldn't they want new people willing to move up there and take part? Get a grip.
Really?
You have your attorney talk for you, really?
Emily
I find it funny that people are attacking a resident for speaking through a lawyer. Sounds like the proper way to do things to me. As far as the councilperson, why not have her explain her homestead situation. I am sure the residents who live work & raise families there full time have some questions.
council member
If Jan Mosman isn't a resident of Emily why would the voters of Emily elect her to the city council?
Unnecessary Confusion
@JohnBrown: Because at the time of the election, they were led to believe that Mosman lived in Emily.
@pdnet15: The city attorney represents the council only so he can only respond to inquiries directly from the council. Therefore, if a private citizen has a concern that they want handled effectively, they are forced to ask a private attorney to help.
Mosman doesn't deny being a resident of Eden Prairie - she even says she lives in Minneapolis on her facebook page.
Sutton shouldn't be labeled a jealous busy body just bc she is a concerned citizen. If Mosman fraudulently led Emily citizens into believing she was a full time resident of Emily, then it seems obvious that she broke the rules and now she just got caught.
Why are the Sutton's so
Why are the Sutton's so concerned about Jan Mosman's postion ? It sounds personal to me. Dont they have jobs that they should be tending to ? Who would spend money for a attorney unless they have something personal to gain?
I am not the EPHS (Eden
I am not the EPHS (Eden Prairie Historical Society) VP anymore, though I was asked last year to stay on the board until the end of my term.”
She says she is not the VP "anymore". On what date did that status change? She also said she was asked to stay on the board to complete her term. This may be a dumb question, but don't you have to be a resident of the school district to be on the school board? So how can she hold 2 offices in 2 different cities and claim to reside in both? Apparently, we need a more clear definition of the word "resident".
I do understand her point about not having sold a property in a bad market and being stuck with 2 homes. However, if she is living up here "more than anywhere else in the world", she should change her homestead status. The Emily home should be her homestead and the Eden Prairie property should be the seasonal one.
Emily is under Attack !! Time to Fight Back !!
Jan doesnt care about the people born, raised and trying to make a living in Emily !! she only cares about those noisy loons and hugging those big pine trees in her yard that i would like to cut down . LIBERAL LIBERAL TO ALL THE JAN FANS SAY GOOD BY !!! go home and stay in Edina Prarie with your snootie friends where you belong Jan !! We dont need you trying to change our town to your sweet little dream place !! Emily is part of the Cuyuna Range where Logging,Farming and Mining has taken place for over 100 years so dont come with your little snootie friends and it personaly attack our residences and expect us to not get personal back !! Your driving Buisnesses to closure one by one Including Bonnies lumber yard and Bank We dont want you Your not Welcome here !!
OkeyDokey - What are you reading?
To your comments, first. As I read (actually took the time) EPHS is the HISTORICAL society in Eden Prairie. Yup, a VOLUNTEER organization! No need for residency, as far as I know. If you KNOW otherwise, please cite appropriate references?
As for the whole issue of 'residency' -
Would folks who do NOT own property have the right to vote - YUP! Ever since reconstruction, I think.
Would folks who rent locally have a right to 'run for office' - YUP! As long as that is their 'residence'. Again, since we overturned slave laws that favored 'land owners'.
Can a family own a home and make a financial decision to 'homestead it' - YUP; And ACTUALLY one FAMILY MEMBER can be the 'HOMESTEADER' while others live elsewhere. And a household can (actually) have multiple homesteaded properties, under certain conditions. MN Law, by the way.
And do modern families 'live' in multiple locations? Yup, once again. I have friends who throughout their married lives have lived apart during the week, and can only see each other on weekends. And that is between Colorado and MN. Not unheard of - and is often required by jobs, commitments and a variety of issues.
So, let's go back and see what the 'tempest in the teapot' is all about? Let's ask "what do the Sutton's have in this game"? Maybe this is a smoke cover to distract from a different issue? Is there any truth to the 'wild guess' that the Sutton family might want to buy the former school building 'under cost' and thus be subsidized by the Emily taxpayers - instead of making good use of that building FOR CITIZENS?
And maybe Ms. Mosman's leadership has us on the way to saving a ton of local tax dollars for all of us? Maybe?
We'll see what the record is, and how it develops - I suspect?
Troutslayer
Did you make it to Kay this year? & PD would like Donna if he knew her. I think she did the right thing.
Good Job Donna !!
You dont need to let Jan come over the table with her Knarly glare trying to be little you with her little power trip tactics !! she knows shes caught !!
I agree with the Suttons
First of all, have you ever been to an Emily city council meeting? Typically when a resident stands up and asks a question or voices a concern, the council heckles the person, outright laughs at the person or just ignores the question. In the city of Emily you can't GET an answer, so the Sutton's hiring a lawyer at least got the council to LISTEN for once.
Secondly, Jan Mosman stated in the above letter that she is 'no longer the VP of the EP Historical Society.' She then goes on to say that she was asked to stay to the end of her term. Then that would STILL make her the VP wouldn't it? I did MY homework and called the EP Historical Society. You MUST be an Eden Prairie resident to be on the Historical Society's board.
In addition, Jan Mosman has a FULL TIME JOB in Eden Prairie, MN. If, she were an Emily resident, would her full-time job be in Eden Prairie? It seems to me, she's back-tracking now and trying to cover her deception with more lies about her homestead status and even BEING in Emily, let alone living here
I live in Emily, and 90% of the time I drive by Jan Mosman's so called 'residence,' it's locked up tight. The snow was never removed ONCE this year- no tracks in the driveway. BECAUSE she was AT HOME in Eden Prairie is my guess.
It has come to light that a group in Outing, who is against the Crow Wing Power Manganese mine going into Emily, asked Mosman to run for office to place opposition to the mine on the council. Jan Mosman has vehemently opposed the mine and even attacked Char Kinzer (representative of Crow Wing Power regarding the mine) at past council meetings.
Saying the Suttons want to buy the old school is a ludicrous accusation. It doesn't even make sense. The Suttons- along with most of the residents of Emily DO NOT want to spend half a million dollars to build a new city hall. The Emily City Council recently stopped airing the council meetings on local TV because it 'costs too much,' yet they are spending $500,000 on a building? While Mosman is against the city making money from the mine, she sure wants to spend a lot of it.
Go to a city council meeting and watch Jan's snotty, snide glares, stares and responses to questions. Maybe her attitudes and actions got people wondering- 'just who the heck is this lady?' After checking that out and discovering she wasn't actually a resident, wouldn't YOU say something too?
Instead of attacking the Suttons, for questioning why a NON-RESIDENT (because when it comes down to it, that's what she is) is in our city, opposing a project that could HELP it's citizens, maybe people should look at which groups Jan attends when she comes to Emily/Outing to visit and what those groups' agendas are.
The great lie has been uncovered Jan. I, for one, am willing to picket or 'Occupy Emily City Hall' to support the Suttons until you do the right thing and resign. Who, (except someone who has an agenda) in their right mind would remain on the council when 95% of the city wants them gone?
JAN MOSMAN STILL LYING
I just looked Jan Mosman's home up on the internet and it is NOT EVEN FOR SALE! She said she has the 'extra home' in Eden Prairie because they couldn't sell it. By the way, it's not an 1880's 'farmhouse' like she states either. It's a 1907 -well, let's just say it isn't a farmhouse. Want to see a for yourself?- go here: http://www.realtor.com/realestateandhomes-detail/15117-Scenic-Heights-Rd...
Jan Mosman's homestead
Just to be sure, I called Hennepin county's tax assessor for Eden Prairie. In order for the Eden Prairie home to be homesteaded, the owners must claim residency and live there most of the time. There is no exception to her coming here, or her husband being there. What the assessor said is that either Jan Mosman is a resident of Eden Prairie or she owes Hennepin county an awful lot in back taxes. The way she explained it, the amount saved on a 'homestead claim' is 4%. According to my calculations, that would be roughly a $16,000 tax break for two years now? Will Jan keep her facade up long enough to pay all those back taxes to Hennepin County, or will she admit she's a resident of Eden Prairie and resign?
Tec5
Even if the Suttons were doing this for personal reasons, which I do not believe, does it really matter? Isn't the ultimate issue whether Mosman is legally qualified to be a councilor for Emily? I mean, she was a councilor in Eden Prairier just prior to becoming a councilor in Emily... yet, she continued to live in Eden Prairie. Who cares how this came to light - the point is that it did and now the Emily City Council has a decision to make about whether Mosman is a resident of Eden Prairie to Emily and whether to declare a vacancy. I know conspiracy is fun, don't make this more than what it is.
No School
Sutton's don't have any intention of owning a 60 year old school building and never had any intentions to ever.
About 1 1/2 years ago I asked Mayor Bonnie Kile for the plans of the school because Minnesota Teen Challenge from Brainerd was slightly interested in coming to Emily for their new woman's treatment center. This would have brought a massive amount of employees and visitors. The Mayor declined giving me the plans because they already had a use for the school building. Sutton's feel it would be a terrible burden of maintenance and repairs on a 60 year old, 13,000 square foot building for anyone to own even the City of Emily. Sutton's would rather see the city give the building away to an assisted living or organization to use all the space and bring employment to the city - than the city build a new facility that they are going to spend the same amount of money on than it would take to repair.
What does the school have to do with an illegal application for city office by Jan Mosman?
Homesteading - know the law?
Okay - so the Suttons and their merry band want to try to publically embarrass a sitting elected official. Did they 'try to talk with her ahead of time' to try to understand? Or did they come to a public meeting and try to give an appearance that they 'knew something'? Well, talk about wasting money, the Suttons et al are wasting theirs on the lawyering, since the MN Statues read:
Taken verbatim from existing MN law – see (3) and (4) specifically:
"273.124 HOMESTEAD DETERMINATION; SPECIAL RULES
(e) In the case of property owned by a property owner who is married, the assessor must not deny homestead treatment in whole or in part if only one of the spouses occupies the property and the other spouse is absent due to: (1) marriage dissolution proceedings, (2) legal separation, (3) employment or self-employment in another location, or (4) other personal circumstances causing the spouses to live separately, not including an intent to obtain two homestead classifications for property tax purposes. To qualify under clause (3), the spouse's place of employment or self-employment must be at least 50 miles distant from the other spouse's place of employment, and the homesteads must be at least 50 miles distant from each other."
That is the law, and this is a bunny chase . . .
So, whomever 'answered the phone in Hennepin County’ is misleading people, and should know better, as should the lawyer who is propping-up the Suttons. Odds are, the question was improperly phrased, just as information can be ‘misconstrued’ at other times. So maybe, we don’t blame Hennepin County?
So again, what is the real issue - now that we KNOW Ms. Mosman is legally elected? Why the tempest around her? Why attack one Councilor?
Look at the other posts 'attacking her' and it seems pretty clearly to be character assassination to "win" on some other issues?
Wow - Because she asks penetrating questions? Because she pushes for an answer, rather than let the "spinners" trot out rehearsed answers? And what about "timely" dialogue - why did Suttons NOT have their petition 'submitted' in time This “school building refurbishing item” has been on the docket since last summer - as budgets were being discussed? Why the "late ambush"? Why ANY AMBUSH?
My little community is better than this - and we need to progress smartly, and with timely and respectful petition to the Council.
I hope the vitriol can now subside.
Long Time resident !! B.S. !!
Jans Gone so take your bags and go with her we dont need you either , Logistical jan fan !! it 's over ...
'logistical's homestead laws
Well, the interesting thing I just read in your above post is that Jan STILL doesnt qualify to homestead her Eden Prairie home AND call Emily her residence. I don't know which number you feel she qualifies under, but it doesn't really matter I guess. If she insists that she is a resident of Emily, we'll just have to let Hennepin county hammer it out. They'll get to the bottom of it if they feel they are due taxes and want to collect I suppose.
I, too, highly doubt that 'logistical' is an Emily resident. Most likely it is Mosman herself, her husband or one of her buddies with an agenda. Any resident of this city who has seen Jan Mosman in action or been taken advantage of by her lies is no longer behind her. All you need to do is walk into any place of business and listen to what people are saying to know that.
Noone is bashing Jan here. What we HAVE done is dismantle lie after lie of hers. By all of the evidence presented, she is clearly NOT a resident of Emily nor has she ever been.
There are many like I, who voted for Jan, who no longer want her representing OUR city. It's a matter of right and wrong. She did the wrong thing, and now it's time for her to right it.
Emily
I think the point everyone is getting away from here is yet another elected official may have used a "273.124 HOMESTEAD DETERMINATION; SPECIAL RULES" loophole to furhter their own agenda. I could care less what the Suttons are doing.
You are so right
eyolf. (only once though)
In this country we should
In this country we should hear both sides before judging someone. Give this elected official a chance to explain, and maybe we can all go back to our own jobs and families and quit demonizing one person. She is not what is hurting Emily.
eyolf
The County Attorney has no say in this fight. This is a decision the City Council has to make with the help of their City Attorney. One thing commentators are failing to recognize is that the one home Mosman has in Emily is classified as seasonal/recreational-non-homestead. So, she admits that she does not reside in Emily enough to have her home classified as a homestead. She should be commended for not cheating the property tax system. Her Eden Prairie home is classified as the homestead; her Emily home is classified as non-homestead. Those are public records that speak louder than the words in her reply letter.
all emotions aside, here is the law.
After further studying this situation in the little town of Emily. Here are the facts of the laws and as they read:
According to Minnesota law you must be a resident in the precinct in which you are filing for candidacy.
1. Minnesota Statute 200.031-Determination of Residence.
a. Residence of an individual is in the precinct where the individual’s home is located…
b. An individual does not lose residence if the individual leaves home to live temporarily in another state of precinct;
c. An individual does not acquire a residence in any precinct of this state if the individual is living there only temporarily….
d. (F.) ….an individual’s residence is located in the precinct where the individual’s family lives,…
e. (H) The residence of a single individual is in the precinct where the individual lives and usually sleeps;
f. (J) The residence of an individual who is working temporarily in any precinct if this state is in the precinct where the individual’s permanent home is located;
ONE sure way to determine residency is by where you claim “Homestead” credit.
2. In 2010 and currently Jan Mosman is claiming homestead tax credit at her residence in Eden Prairie MN. In Hennepin County.
A. To qualify for homestead classification you must be an owner of the property.
B. Must occupy the property listed, as your PRIMARY residence and be a MN residence.
C. …County Assessor may ask you to verify the address on your Minnesota driver’s license, the address where you are registered to vote….
3. In 2010 and currently, Jan Mosman’s cabin in Crow Wing County is taxed as “non-Comm. SEASONAL residential RECREATIONAL” and is NON-HOMESTEAD. Taxpayer address she has listed as her Eden Prairie MN address.
Furthermore, Jan Mosman filed her AFFIDAVIT OF CANDIDACY with the STATE OF MINNESOTA as a resident of Emily MN but put her contact address as Eden Prairie address.
With her work place being in Eden Prairie and her deep roots in Eden Prairie I would say she has Eden Prairie in her best interest and IS A RESIDENT OF EDEN PRAIRIE.
That may sum it up for the simpler of mind people. It is each and every person’s duty to report fraud and crime and I commend the courage of Sutton. Unfortunately, some right-wing people think they can get-away with breaking the rules/laws. BUSTED!
Besides....why would Jan Mosman want to pretend she is from that town anyways??? I would happily admit I was wrong and leave! Really doesn't seem like she is wanted there!
I have a theory too!
How is this for a theory since everyone seems to have one. Mosman opposes the Manganese mine. Suttons favor the mine and possibly gain financially through thier business of its operation. As Mosman opposition becomes a nuisance in thier push for the mine, her residency is questioned. If Mosman is booted from the council, there will be a vacancy. If one of the Suttons can get in there, they can push the mine through and profit!
There is a reason for everything everyone does in life, good or bad. I find it ridiculous that instead of simply questioning the city, they feel the need to pay for a lawyer to make accusations to the council. Either they have money to burn or they foresee profitting from the whole fiasco.
Either way, the truth will come out in this case and it will be made right eventually. But I'd bet the hamburgers on the grill that someone will sue someone in the end.